Law Commission seeks amendments to Anti-Terrorist Act

ISLAMABAD: The Law Commission’s report on Police Reforms sought amendments to Anti-Terrorist Act 1997 to enhance penalties including death sentence for those caught in possession of explosives, suicide vests, anti-personnel mines, rockets, anti-aircraft guns etc. The report also recommends, “Money laundering and proceeds of crimes have to be expressly dealt with by the Act.” Similarly, the report sought minimum punishment of life imprisonment and maximum death penalty for those involved in attacks on persons and places having national symbolic significance, defence related facilities, installations and infrastructures.

According to the report, “There are several offences, which are not adequately treated or do not entail sufficient penalties in the Act. There are some types of explosives the possession of which should entail exemplary punishments like the death penalty. These include suicide vests, anti-personnel mines, RPGs, rockets, anti-aircraft guns, etc. Such enhancement of penalties would ensure a measure of deterrence that is much needed in the circumstances. “Possession of higher amounts of explosives and weapons should entail higher penalties. In addition, there is a need to convert offences of possession of explosives and weapons to strict liability crimes under the Act, provided there is a sufficient nexus with a terrorist plan or attack.“ Attacks on persons and places having national symbolic significance, defence-related facilities, and nationally important installations or infrastructure including nuclear facilities, should entail specific penalties with a minimum punishment of life imprisonment and a maximum punishment of death. Such special penalties can also be extended to the unauthorized possession of nuclear, chemical or biological weapons. “Penalties for all newly defined offences should be stricter, with clearly delineated legislative guidelines for minimum punishments in order to ensure deterrence. The Act should make provision for compulsory confiscation of all properties in favour of the State of persons convicted of terrorist attacks, with further enhanced penalties for repeat offenders of heinous offences under the Act.”

The report says that penalties attached to offences dealing with facilitating terrorism should also be much higher. “Acts like training suicide bombers, imparting training in preparation of explosives, weapon training, and harbouring terrorist, are some examples of offences in this category. Similarly, propagation and dissemination of ideas or literature leading to terrorism should also attract more serious penalties.” According to the report, there is no provision for providing assistance within Pakistan to any international agency in connection with acts of international terrorism with links in Pakistan. A provision needs to be made with a prescribed mechanism for such assistance. The areas of terrorism financing has received a lot of attention worldwide but has largely been neglected in Pakistan.

The sources of terrorism financing need to be identified and appropriate provisions need to be made for each source. One of the most obvious sources is donations by individuals or organisations. In several countries’ laws, such financing, even if done recklessly, is an offence under the law and entails serious penalties. The report also suggests that money laundering and proceeds of crimes have to be expressly dealt with by the Act.